Tarun Tejpal’s acquittal by a trial court in May this year was reflective of the manner in which the institution of the judiciary had failed, commented Solicitor General of India Tushar Mehta on Tuesday, August 10. The acquittal, Mehta said, would deter potential victims of sexual assault from approaching courts for justice. Tarun Tejpal, the former editor-in-chief of Tehelka Magazine, was accused of sexually assaulting a female colleague inside an elevator of a hotel in Goa in 2013. His acquittal was widely criticised for the manner in which he was acquitted and the survivor was put under trial.
"Our institution has failed, leaving an inevitable impression upon all victims of sexual violence or sexual onslaught that it has a deterrent effect among those who are potential victims," Mehta said during a virtual hearing at the Bombay High Court. "They would not come before your lordship or before the court of law. The country has a right to know (how) this institution has dealt with the girl who came to the court with the complaint, specific allegations, precise facts (and) corroborating evidence," Mehta said. On Tuesday, Tushar Mehta made the comments during a hearing in connection with an appeal filed by the Goa government against the acquittal of Tejpal by a Goa trial court.
Tarun Tejpal was acquitted on May 2021 after having faced trial under Indian Penal Code sections 341 (wrongful restraint), 342 (wrongful confinement), 354 (assault or criminal force with intent to outrage modesty), 354-A (sexual harassment), 354-B (assault or use of criminal force to woman with intent to disrobe), 376(2)(f) (person in position of authority over women, committing rape) and 376(2)k) (rape by person in position of control). On May 21, Tejpal was acquitted by the trial court in Goa citing "benefit of doubt," following which, the state government filed an appeal.
Responding to Mehta's argument, Tejpal's counsel senior advocate Amit Desai said that until the final conclusion, comments should not be passed against the institution of the judiciary, because the Goa government did not appreciate the outcome in the Tejpal case in the trial court. Desai also called for the need for sensitivities while dealing with such cases involving "our daughters."
The Goa bench of Bombay High Court, which is hearing the appeal, has scheduled the next hearing for August 31.
Following the acquittal of Tejpal, scores of activists had come out stating that the judicial system let down the survivor-woman, calling the verdict demotivating and disappointing.
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